Legal Opinion

O'Connor v. Illinois Central Railroad

Supreme Court of Louisiana

Decided March 15, 1892No. 10,913PublishedCited by 15 opinions

APPEAL fr.om the Civil District Court for the Parish of Orleans. Ellis, J. Where a defendant negligently exposes, on bis private property, to which he has allowed for years free access by children to play with a dangerous machine unguarded and unsecured, likely to attract children, excite their curiosity, and lead to their injury, while they are pursuing their childish instincts, he is liable to a child of tender years injured while playing with it. 13 An. 61; Beach on Cont.

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APPEAL fr.om the Civil District Court for the Parish of Orleans. Ellis, J. Where a defendant negligently exposes, on bis private property, to which he has allowed for years free access by children to play with a dangerous machine unguarded and unsecured, likely to attract children, excite their curiosity, and lead to their injury, while they are pursuing their childish instincts, he is liable to a child of tender years injured while playing with it. 13 An. 61; Beach on Cont. Neg. 69, 70; 17 Wall. 157; 21 Minn. 209. 1. The “ turntable ” cases have no application here, where the locus in quo…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

The father institutes this action for the recovery of $25,000 damages, as compensation for injuries inflicted upon his minor child, which resulted in the amputation of his left leg, causing great pain and suffering.

The case was tried by the judge, who found $7000 for the plaintiff, and defendant has appealed.

Plaintiff’s counsel claims that the ease made out by the evidence is that the accident happened on a square of ground belonging to the defendant, bounded by Magnolia, Olio, Locust and Calliope streets, in the city of New Orleans, and…

2Cases cited10 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  3. Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
  4. McAlpin v. . PowellNew York Court of Appeals · 1877
  5. Severy v. NickersonMassachusetts Supreme Judicial Court · 1876

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3Cited by15 opinions

  1. Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
  2. Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
  3. Ryan v. TowarMichigan Supreme Court · 1901
  4. Davis v. Arkansas Southern R.Supreme Court of Louisiana · 1906
  5. Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896

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